Tinjauan Yuridis Wanprestasi dalam Kontrak Kerjasama (Studi Putusan No. 167/PDT.G/2016/PN-MDN)

Abstract

Default is the non-performance of an appropriate performance or obligation imposed by the contract on certain parties as specified in the contract concerned. The act of wanprestation brings consequences to the adversary of the aggrieved party to sue the defendant to compensate so that by law it is expected that none of the parties will be harmed by the default. The problem discussed in this thesis is how the provisions of the cooperation contract according to the Civil Code, Form of wanprestation that occurred in the cooperation contract related to Decision Number. 167 / PDT.G / 2016 / PN-Mdn, and How is the legal effect of the infringement lawsuit between PT. Arga Citra Pertiwi related to decision No.167 / PDT.G / 2016 / PN-MDN. The purpose in this thesis research is to know how the provisions of the cooperation contract according to the Civil Code, knowing the form of wanprestation that occurred in the cooperation contract in Decision Number. 167 / PDT.G / 2016 / PN-Mdn as well as the legal consequences against the breach of claim between PT. Agra Citra Pertiwi related decision of No.167 / PDT.G / 2016 / PN-MDN. The research used is normative juridical and the nature of research is descriptive. Data collection methods used are literature research (Library Research) and field research (Field Research). Based on the result of research, the provision of cooperation refers to Article 1313 of the Civil Code which furthermore for its validity is also subject to Article 1320 of the Civil Code, the cooperation contract is specifically not known in the Civil Code so called as innominaat agreement (unnamed) as regulated in Article 1319 Civil Code, in decision No. 167 / PDT.G / 2016 / PN-MDN is a non-performing achievement, as well as the legal consequences of a breach of claim against PT. Arga Citra Pertiwi and Magdalena Fuadsam related to Decision no. 167 / PDT.G / 2016 / PN-MDN was null and void because the lawsuit contained a legal defect (obscuur libel) resulting in punishing the plaintiff to pay case fees during the trial.